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House Republicans advance two bills to limit LGBTQ+ content and civil rights history in schools

Overview:

House Republicans advanced bills that would prevent federal education funding from being used to educate transgender people or address systemic racism in schools.

House Republicans advanced two bills this week that critics say would dramatically limit what students can learn in federally funded schools, targeting transgender references, discussions of structural discrimination, and the use of selective names and pronouns for transgender students.

CHARLIE’S LAW Clears the Committee

On Tuesday, the Republican-controlled House Committee on Education and staff advanced HR 8705, CHARLIE’s Law, without a party committee vote. The bill would prohibit federal funds under Subpart 3 of the Elementary and Secondary Education Act (ESEA) — which includes programs including the Presidential and Congressional Academies for American History and Civics — from being used to promote what the bill calls a “sexist ideology” or a “discriminatory view of equality.”

Those policies are taken directly from two of President Trump’s executive orders. The first, Executive Order 14168, defines gender stereotypes to include “the concept of self-identity,” “the claim that men can identify with and thus become women and vice versa,” and the concept of “a plurality of genders disconnected from one’s gender.” The second, Executive Order 14190, defines discriminatory equality as “treating people as members of favored or unfavored groups”, language critics say will effectively prevent teachers from discussing structural racism, the legacy of Jim Crow, and the lasting effects of slavery on American society.

CHARLIE’s Act would also prohibit the Secretary of Education from prioritizing grants to any institution based on race, gender, sexual orientation, gender identity, or immigration status.

Chairman of the Congressional Equality Caucus Rep. Mark Takano (D-CA) strongly criticized the bill’s rejection in committee.

“Exploring America’s history doesn’t change what happened — it means that future generations can forget and repeat the mistakes of the past,” Takano said. “Denying the existence of transgender people and the lasting effects of racism in American society does nothing to improve American education. This bill lists some of the best historically funded federal and public education programs in an act of unacceptable extremism.”

Takano added that he will “continue to work with his colleagues in the Equality Caucus to prevent this bill from becoming law.”


House Passes Comprehensive Anti-Trafficking Education Bill, 217–198

And on Tuesday, the full House passed a second and broader piece of legislation: HR 2616, the “Stop Teaching and Protecting Children Act,” by a vote of 217 to 198. All Republicans voted to agree with him. Eight Democrats broke with their party to join them: Reps. Vicente Gonzalez (TX), Henry Cuellar (TX), Don Davis (NC), Cleo Fields (LA), Laura Gillen (NY), Marcy Kaptur (OH), Marie Gluesenkamp Perez (WA), and Eugene Vindman (VA). It was the biggest defection from the Democratic Alliance on any anti-trans bill in this Congress.

The bill would amend Section 8526 of the ESEA – the basic federal law governing K-12 education in the United States – to add “concepts related to gender stereotypes” to the list of prohibited uses of federal education funds. That one change puts the recognition of the presence of transgender people on the same footing of the law as other activities prohibited by the organization in schools.

Sadly, the bill defines “gender ideology” in reference to Trump’s Executive Order 14168 instead of in the law itself, a strategic choice that legal analysts say would give the president incredible power to define and expand the term — and as a result, threaten schools with the loss of federal funding.

The language of the bill is surprisingly broad. The phrase “teach or promote concepts related to” gender stereotypes, on its face, would mean that simply acknowledging that transgender people exist is a violation of the law. Books featuring transgender characters will be removed from classrooms — a practice that continues in states with similar laws. Broader interpretations can still be reached: whether a transgender teacher’s use of her name constitutes “progressive concepts,” whether allowing a trans student to use the gender-appropriate bathroom does the same, or whether a high school’s production of Shakespeare Twelfth night – built for the performance of the opposite sex – may be swept away.

Advocates note that this is not just an imaginary concern. The Trump administration has already taken action on similar questions in other cases.

Forced Evacuation Provision

HR 2616 also contains a provision for civil liberties organizations to call for eviction authority. The bill would require any school that receives federal funds to obtain express parental consent before using a transgender student’s chosen name or pronoun, or before allowing them any sex-based accommodation consistent with their gender identity — such as using the same bathroom as their gender.

In fact, a trans student who is called by their chosen name in class, or who uses a gender-appropriate restroom at school, can lose those accommodations unless their parents are notified and approved. Critics point out that transgender youth face much higher rates of family rejection and, in some cases, abuse – meaning forced disclosure could endanger students rather than protect them. The number of evictions has increased since the Supreme Court’s ruling Chiles v. Salazarwhich opened the door to legally mandated child conversion therapy.


Next

HR 2616 now moves to the Senate, where its path is uncertain. HR 8705 remains on track for legislation following its committee passage. Both bills are facing opposition from education groups, civil liberties groups, and Democratic lawmakers who say the measures represent unprecedented federal intrusion into the school curriculum and a threat to the safety of LGBTQ+ students.

Rep. Takano said the fight is not over: “I will continue to work with my colleagues in the Equality Caucus to prevent this bill from becoming law.”

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